Section 0940-01-01-.07 - LEGALLY INCOMPETENT PATIENTS OR RESIDENTS(1) Medication may be administered to a legally incompetent patient or resident only:(a) with the voluntary, informed consent of the guardian, or(b) in emergencies under the rule 0940-1-1-.05, or(c) if the guardian refuses consent, under the same circumstances and procedures as a refusing patient or resident under rule 0940-1-1-.08, or(d) if the guardian is unavailable, under the same circumstances and procedures as a patient or resident who lacks capacity under rule 0940-1-1-.06 but not for more than sixty days.(2) If consent is required for medication and the guardian is unavailable, the Superintendent shall seek appointment of an alternative guardian.Tenn. Comp. R. & Regs. 0940-01-01-.07
(For Administrative History prior to February, 1985, see page 1.001). New rule filed January 9, 1985; effective February 8, 1985.Authority: T.C.A. §§ 33-1-203 through 33-1-205, 33-3-104 and 33-3-105.